New York City’s Crane Laws Not Preempted By OSHA Regulations, Second Circuit Holds

Because New York City’s crane regulations are “dual-impact” rules, designed to protect both workers and the public at large, they are not preempted by the federal Occupational Safety and Health Act, which covers only workers, a federal appeals court found May 7 (Steel Inst. of N.Y. v. New York City).

Affirming a decision by the U.S. District Court for the Southern District of New York, the U.S. Court of Appeals for the Second Circuit granted summary judgment to New York City in a lawsuit filed by the Steel Institute of New York, an industry association. The courts agreed ...